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KIRCHER v. CITY OF JAMESTOWN

74 N.Y.2d 251 (1989)

Deborah D. Kircher et al., Appellants, v. City of Jamestown, Respondent. Deborah D. Kircher et al., Appellants, v. Bruce Carlson, Respondent.

Court of Appeals of the State of New York.

Decided July 13, 1989.

Attorney(s) appearing for the Case

Samuel R. Miserendino for appellants.

Daniel A. DeRose for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE and TITONE concur with Judge ALEXANDER; Judges HANCOCK, JR., and BELLACOSA dissent and vote to reverse in separate opinions.

ALEXANDER, J.

We have only recently reaffirmed the well-settled rule that in order for liability to be imposed upon a municipality for the failure to provide police protection to a particular individual, there must be proof of a "special relationship" between that person and the municipality (see, Cuffy v City of New York, 69 N.Y.2d 255). This rule is based upon...

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